Amendment Of The Notarial Procedure

Original Language Title: Änderung der Notariatsordnung

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104. Federal law amending the Code of Notarial Code

The National Council has decided:

The Notarial Order, RGBl. No 75/1871, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 1 (3) reads:

"(3) Without prejudice to Article 51 of the Treaty on the Functioning of the European Union, notaries who exercise public-law activities on the basis of statutory provisions shall carry out public tasks."

2. § 6 para. 1 Z 1 reads:

" 1.

the nationality of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area or the Swiss Confederation, "

3. In § 6 (3) (2) (2) the word "Austrian" .

4. In § 6 para. 3 Z 4, the turn-of-the- "or § § 14a and 14b AVRAG" through the turn ", § § 14a and 14b AVRAG or a similar piece of legislation of a Member State of the European Union, of another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation" replaced.

5. In § 6a (4), first sentence, the word order shall be "Austrian nationals" through the phrase "nationals of a Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation" replaced.

6. § 19 para. 1 lit. c is:

" (c)

by the loss of nationality to one of the States referred to in Article 6 (1) (1) (1); "

7. According to Article 19 (1), the following paragraph 1a is inserted:

"(1a) The legal consequences of the loss of nationality shall not arise if the notary national remains one of the States referred to in Article 6 (1) (1) (1)."

8. In § 117a para. 2, first sentence, the word order shall be "Austrian citizen" through the phrase 'A national of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area or the Swiss Confederation' replaced.

9. In § 118a paragraph 1 lit. c will be the phrase "Austrian citizenship" through the phrase "Nationality to one of the States referred to in § 117a (2), first sentence" replaced.

10. According to Article 118a (1), the following paragraph 1a is inserted:

"(1a) The legal consequences of the loss of nationality shall not arise if the notarial candidate is a national of one of the States referred to in § 117a (2), first sentence."

Fischer

Faymann